LOWELL - After an hour of deliberations, a jury Thursday cleared a pediatrician of medical malpractice in a lawsuit brought by a Lowell mother who claimed Dr. Michelle Lock failed to diagnose her daughter's viral meningitis in 2005, leaving the child permanently braindamaged.

After a twoweek trial, with millions of dollars at stake, the Lowell Superior Court jury found Lock, formerly of Greater Lowell Pediatric Center, was not negligent in her treatment of then 8-year-old Amber Phillips during an office visit on Aug. 12, 2005.

When reached after the verdict, Kelly Phillips, Amber's aunt, said on behalf of the family that "right now we are just tired, overwhelmed and need a break." Amber's mother, Stacy Phillips, declined to comment.

Attorney Domenic Paolini, who represents Stacy and Amber Phillips, said doctors win 90 percent of medical-malpractice lawsuits. He said that he will review his notes from the trial to see if there is a basis for an appeal.

Lock, of Winchester, referred a request for comment to her attorneys. "After a seven-day trial, the jury spoke quickly and spoke well, finding no basis for the plaintiff 's claims," Lock's attorney, John Mulvey said. "Dr. Lock is a knowledgeable, caring physician who provided appropriate care, the jury said."

"The coverage in the Lowell Sun has been incredibly slanted and unfair to Dr. Lock," he added. "You should issue an apology.

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Sun Editor Jim Campanini said the newspaper stands by its coverage, adding that it only strives to present trial "facts and testimony in a fair and responsible manner."

Stacy Phillips, on behalf of herself and her now 15-year-old daughter, filed a lawsuit against Lock, who now works for Pediatric Associates of Medford, claiming that Lock misdiagnosed Amber's complaints of a headache, stiff neck and sensitivity to light and sound as a migraine headache.

The following day Amber had a "normal day," but was tired, her mother testified.

Two days after Lock examined her, Amber was rushed to then Saints Memorial Medical Center in Lowell after having a seizure at home, then transferred to Children's Hospital in Boston. Amber spent three weeks in a coma there, suffering brain swelling and a stroke.

As a result, Amber suffered permanent brain damage, and at age 15 functions at the level of a 3-year-old child. The cost of her long-term case is estimated at a conservative $14 million, according to Phillips' lawyers.

Lock testified that while viral meningitis crossed her mind as one of six possible diagnoses for Amber's complaints, her office exam of the child provided no evidence of viral meningitis, so no spinal tap -- the only test for meningitis -- was ordered.

Amber suffered headaches off-and-on for three weeks, not a constant growing pain as would be consistent with viral meningitis, Lock testified. Lock testified she did tests that showed Amber didn't have a stiff neck, no sensitivity to light and sound, and no fever, all symptoms of viral meningitis.

Stacy Phillips disputed that Lock actually did many of the tests she testified she did to rule out symptoms of meningitis.

Several defense-paid medical experts testified that Lock's decision not to order a spinal tap and her diagnosis of Amber met medical standards and there was no negligence. Conversely, an expert paid for by the plaintiffs testified that meningitis is so potentially dangerous a spinal tap should be done if meningitis is even considered.

In his closing argument Thursday, attorney Michael Keefe, representing Greater Lowell Pediatric Center, told the jury that "nothing Dr. Lock did or failed to do caused any harm to Amber Phillips." He added, "The viral meningitis did not develop until Sunday -- two days after seeing Lock -- nothing could be done to change the outcome."

Mulvey, Lock's attorney, said the doctor considered viral meningitis as a possibility but ruled it out based on her exam and the symptoms she was given.

At the time of Lock's exam of Amber, Mulvey said, "There was no viral meningitis." Instead, migraine was the likely diagnosis.

But Paolini questioned whether it was "just a coincidence" that "less than 48 hours later (after Lock's examination) the kid catches the meningitis virus?"

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